This is a bail application in a rape case. The petitioner challenged his arrest, citing delay in FIR and presence of family members at the scene. The High Court rejected bail, finding direct allegations of rape without explanation justifying release.
Bail application stands rejected. Trial to be expedited.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 8077 of 2023
Yogendra Kumar Singh @ Yogendra Singh … Petitioner - Versus - The State of Jharkhand ... … Opposite Party
CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
----For the Petitioner : Mr. A. K. Chaturvedy, Advocate For the State : Mr. N. K. Gaunjhu, A.P.P. ---
03/21.11.2023
Heard the parties.
Petitioner has been made accused in connection with Patan P.S. Case No.86 of 2023, for the offences registered under Sections 323, 504, 506, 376 of the Indian Penal Code, pending in the court of Sri Amit Bansal, learned Judicial Magistrate, 1st Class, Palamau.
Petitioner is alleged to have entered into the house of the prosecutrix on 23.05.2023 and on pistol point raped her.
Mr. A. K. Chaturvedy, learned counsel appearing on behalf of the petitioner submitted that there is delay in lodging of the F.I.R. It was further submitted that other family members were present in the house at the time of occurrence.
Case dairy earlier called for, has been received. Perused the same.
The victim was staying in her matrimonial home alongwith her mother-in-law. At the time of occurrence mother-in-law had gone to forest, in the meantime this occurrence took place. The delay in lodging of the F.I.R. has been properly explained. Husband of the informant was working in Kolkata. After he came to his village, F.I.R. was instituted.
Considering the aforesaid facts, there is direct allegation against the petitioner to have raped the prosecutrix, I am not inclined to release the petitioner on bail. Accordingly, his bail application stands rejected.
Learned court below shall expedite the trial.
(Ambuj Nath, J.)
Jay/-
2 issues framed by the court
Whether bail should be granted to the accused charged with rape despite allegations of delay in FIR.
Whether the explanation for delay in lodging the FIR is sufficient to permit bail.
2 provisions across 2 enactments
Yogendra Kumar Singh @ Yogendra Singh
The State of Jharkhand
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
